Deport Alien Gang Members Act
- Bill Number
- H.R. 175
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-03: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 8.
- Last Updated
- 2026-06-04T08:07:57Z
AI-Generated Summary
Purpose of the Legislation
The Deport Alien Gang Members Act (H.R. 175) aims to strengthen U.S. immigration enforcement by targeting non-citizens (aliens) who are members or associates of criminal gangs. It amends the Immigration and Nationality Act (INA) to make such individuals inadmissible to the U.S., deportable if already present, and ineligible for various immigration protections or benefits, with the goal of enhancing public safety and national security.
Key Provisions
- Definition of "Criminal Gang": Adds a new term to the INA defining a "criminal gang" as a group of 5 or more people whose primary purpose includes committing serious offenses (e.g., drug-related crimes, violent crimes, human trafficking, fraud, or money laundering). These offenses can occur inside or outside the U.S., and the gang may be formally designated by the Secretary of Homeland Security (DHS) in consultation with the Attorney General if it meets these criteria.
- Inadmissibility and Deportability Grounds:
- Makes aliens inadmissible if they are known or reasonably believed to be current or former gang members, or if they have promoted, aided, conspired with, or participated in gang activities.
- Renders such aliens deportable (removable from the U.S.) on the same basis, regardless of where the activities occurred.
- Designation Process for Criminal Gangs (New Section 220 of the INA):
- DHS Secretary can designate groups as criminal gangs after notifying Congress (via classified communication) and publishing the designation in the Federal Register.
- Designations can use classified information (kept secret for security reasons) and create an administrative record.
- Designations last indefinitely unless revoked by Congress, DHS (due to changed circumstances), or a court.
- Groups can petition for revocation after 2 years, with DHS required to review and publish decisions; automatic reviews occur every 5 years if no petition is filed.
- Amendments to designations (e.g., for name changes or mergers) follow similar procedures.
- Limited judicial review is available in the U.S. Court of Appeals for the D.C. Circuit, based on the administrative record, with expedited handling; courts cannot use designations as a defense in removal proceedings.
- Mandatory Detention: Requires detention of inadmissible or deportable gang-associated aliens during immigration proceedings, without release options. DHS must report annually on detention numbers.
- Restrictions on Immigration Relief:
- Bars gang-associated aliens from asylum eligibility.
- Removes restrictions on deporting them to countries where they might face harm (e.g., torture), unless other laws apply.
- Makes them ineligible for Temporary Protected Status (TPS, a temporary shield from deportation for those from unsafe countries), Special Immigrant Juvenile (SIJ) visas (for abused or neglected youth), and parole (temporary entry permission).
- Prohibits other forms of immigration relief, such as certain humanitarian waivers.
- Allows parole only if the alien is assisting U.S. law enforcement in a criminal investigation.
- Effective Date: Applies to actions before, on, or after enactment, with immediate effect.
Significant Changes to Existing Law
- Introduces the first specific INA provisions for gang membership as standalone grounds for inadmissibility and deportability, expanding beyond general criminal activity bars.
- Creates a formal designation system modeled after terrorist organization designations (under INA Section 219), but tailored to gangs, including procedures for review, revocation, and use of classified evidence.
- Amends detention rules to mandate holding gang-associated aliens, similar to rules for terrorists or serious criminals.
- Explicitly excludes gang members from multiple relief programs (e.g., asylum, TPS, SIJ), closing potential loopholes; previously, gang ties might have been considered under broader criminal or security bars but not as automatic disqualifiers.
- Shifts some references from the Attorney General to DHS Secretary, reflecting modern immigration enforcement structures.
Potential Impacts
- On Government Agencies: Increases workload for DHS (e.g., designations, detentions, reporting) and the Department of Justice (DOJ) in consultations and court proceedings. Could streamline removals but require resources for classified handling and reviews.
- On Citizens: May improve community safety by prioritizing deportation of gang members involved in violent or drug-related crimes, potentially reducing gang activity in the U.S.
- On Immigrants and Non-Citizens: Harshens consequences for gang-affiliated individuals, limiting paths to stay in the U.S. and increasing deportation risks; could deter gang recruitment among immigrants but raise humanitarian concerns for those fleeing gang violence abroad.
- On International Relations: Might strain ties with countries of origin (e.g., in Latin America) if deportations surge, prompting repatriation challenges or diplomatic protests; could encourage international cooperation on gang intelligence.
Main Stakeholders Affected
- Government Entities: DHS (leads enforcement and designations), DOJ (consults on legal matters), Congress (receives notifications and can revoke designations), and immigration courts (handle reviews and proceedings).
- Immigrants and Non-Citizens: Primarily aliens with gang ties, including undocumented entrants, visa holders, or lawful residents, who face heightened scrutiny and removal risks.
- U.S. Citizens and Communities: Residents in areas affected by gang violence (e.g., urban or border regions) who may benefit from reduced criminal threats.
- Advocacy and Support Groups: Immigrant rights organizations (potentially opposing broad designations) and law enforcement agencies (supporting enhanced tools against transnational gangs).
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Expands executive branch authority (DHS) to label and act on gang affiliations with limited transparency due to classified information, potentially leading to challenges over evidence standards. Judicial review is narrow (only for arbitrariness or procedural errors), which could limit appeals but ensure some oversight.
- Constitutional Implications: Raises due process concerns under the Fifth Amendment, as designations may rely on secret evidence without full disclosure to the affected party; also, mandatory detention without bond hearings could be seen as violating liberty interests, similar to past challenges against indefinite detention rules.
- Political Implications: Aligns with priorities for stricter immigration enforcement and crime reduction, likely appealing to lawmakers focused on border security; however, it may spark debates over fairness to non-violent affiliates or minors, influencing future immigration reform discussions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (27)
Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Tenney, Claudia [R-NY-24], Rep. Nehls, Troy E. [R-TX-22], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Ogles, Andrew [R-TN-5], Rep. LaMalfa, Doug [R-CA-1], Rep. Brecheen, Josh [R-OK-2], Rep. Moore, Barry [R-AL-1], Rep. Harris, Andy [R-MD-1], Rep. Finstad, Brad [R-MN-1], Rep. Guest, Michael [R-MS-3], Rep. Grothman, Glenn [R-WI-6], Rep. Calvert, Ken [R-CA-41], Rep. Obernolte, Jay [R-CA-23], Rep. Stauber, Pete [R-MN-8], Rep. Mace, Nancy [R-SC-1], Rep. Edwards, Chuck [R-NC-11], Rep. Biggs, Andy [R-AZ-5], Rep. Yakym, Rudy [R-IN-2], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Schmidt, Derek [R-KS-2], Rep. Babin, Brian [R-TX-36], Rep. Evans, Gabe [R-CO-8], Rep. Donalds, Byron [R-FL-19], Rep. Harris, Mark [R-NC-8], Rep. Shreve, Jefferson [R-IN-6]
Recent Actions
- 2026-06-03: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 8.
- 2026-06-03: Committee Consideration and Mark-up Session Held
- 2025-01-03: Referred to the House Committee on the Judiciary.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Deport Alien Gang Members Act — issued 2025-01-03 — PDF (20 pages)